AN ACT TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO OBTAIN CUSTODY OF A CHILD UPON DETERMINATION BY THE COURT THAT THE CHILD IS IN DANGER.
Senate committee substitute makes the following changes to the 1st edition:
Replaces proposed amendment to GS 50-13.5 with an amendment requiring temporary custody orders requiring a law enforcement officer to take physical custody of a minor child to be accompanied by a Warrant to Take Physical Custody of a Minor Child.
Amends GS 50-13.3, authorizing any court having jurisdiction to make an award of custody of a minor child to issue a Warrant to Take Physical Custody of a Minor Child upon the filing of a verified application for the warrant alleging that the child is in imminent danger of serious physical harm or of being removed from the State.
Amends GS 50A-311 (Warrant to take physical custody of a child). Directs the court to make its finding that a less intrusive remedy is not reasonably available (currently, not effective) on the basis of the petition and request for custody or the testimony of the petitioner (currently just testimony of the petitioner). Authorizes law enforcement officers to take physical custody of the child or children (currently just child). Authorizes the law enforcement officer to use reasonable force as necessary to effectuate the terms and purposes of the order or warrant for custody, and does not require the officer to inquire into the regularity or continued validity of the order. Protects the officer from criminal or civil liability for his or her service.
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